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Published by tallahasseeobserver
Christina West Lawsuit -- Police Brutality And Negligence By Tallahassee Police Officers Matt Schmidt, George Creamer, Jr., William Faust, Chris Ormerod
Christina West Lawsuit -- Police Brutality And Negligence By Tallahassee Police Officers Matt Schmidt, George Creamer, Jr., William Faust, Chris Ormerod

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Published by: tallahasseeobserver on Mar 20, 2014
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02/26/2015

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I
N THE
U
NITED
S
 TATES
D
ISTRICT
C
OURT
F
OR THE
N
ORTHERN
D
ISTRICT OF
F
LORIDA 
  T
 ALLAHASSEE
D
IVISION
 
CHRISTINA WEST and DAVID WEST, Plaintiffs,  v. CITY OF TALLAHASSEE, a Florida Municipality; and CHRISTOPHER ORMEROD, MATTHEW SMIDT, GEORGE CREAMER, JR., and  WILLIAM FAUST, in their individual capacities, Defendants. Case No. 4:14-cv-153
COMPLAINT FOR DAMAGES Introduction
On August 10, 2013, Mrs. West was involved in an auto crash in Tallahassee and  was asked by Tallahassee police officers Smidt and Ormerod to perform roadside sobriety exercises, to which she agreed. After the exercises, Mrs. West was asked to perform the
airplane test,
putting her arms straight out on either side. At that point, the officers placed handcuffs on her wrists and placed her in the police car. Police then asked Mrs. West to also take a breath test. She agreed. Mrs. West began inquiring of officers about her husband and children, to their annoyance. The handcuffs had fallen from Mrs. West
s wrists because they were too big. The officers took Mrs. West from the car, slammed Mrs. West
s head onto the back of the car and officers then to the pavement causing substantial injuries including broken bones, a
Case 4:14-cv-00153-WS-CAS Document 1 Filed 03/19/14 Page 1 of 17
 
 
concussion, and several other injuries. Some of those injuries are permanent. The officers then began placing weight on the back of her head and body which aggravated injuries the officers caused and further aggravated other injuries Mrs. West already suffered. Two supervising sergeants were present at the scene but failed to intervene to stop the excessive force even though they were mere feet away. Officer Ormerod then took Mrs. West to the County Jail and told multiple jail officers her facial injuries occurred as the result of an auto crash. Jail officers refused to accept her because of her clearly serious injuries and forced Ormerod to take her to the hospital. Officers falsely charged Mrs. West with multiple felonies, including aggravated batteries, which the state attorney, after reviewing a videotape of the incident, emphatically declined to file. Plaintiffs sue Defendants and allege as follows:
 Jurisdiction
1.
 
 Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1331 in that this is a civil action arising under the Constitution of the United States. 2.
 
 Jurisdiction of the Court is invoked pursuant to 28 U.S.C. § 1343(a)(3) in that this action seeks to redress the deprivation, under color of state law, of rights secured by the Fourth and Fourteenth Amendments to the U.S. Constitution. 3.
 
 The Mrs. Wests
 claims for relief are predicated upon 42 U.S.C. § 1983, which authorizes actions to redress deprivation, under color of state law, of rights, privileges and immunities secured to the plaintiff by the Constitution and laws of
Case 4:14-cv-00153-WS-CAS Document 1 Filed 03/19/14 Page 2 of 17
 
 
the United States and 42 U.S.C. § 1988 which authorizes the award of attorneys' fees and costs to prevailing plaintiffs in actions pursuant to 42 U.S.C. § 1983. 4.
 
 The Wests served a claim under §768.28, Florida Statutes. No response was received by the Wests and the claims are deemed denied by operation of law. 5.
 
 All conditions precedent to this lawsuit have been performed or waived.
Parties
6.
 
 At all times material hereto, Plaintiff CHRISTINA WEST was a resident of Florida, living in Tallahassee, Leon County. 7.
 
 At all times material hereto, Plaintiff DAVID WEST was a resident of Florida, living in Tallahassee, Leon County, and the husband of Christina West. 8.
 
 At all times material hereto, Defendant, CITY OF TALLAHASSEE,
City,
 was a municipal corporation chartered with the State of Florida and was the employer of the Tallahassee Police Officers named herein. 9.
 
 At all times material hereto, Defendant CHRISTOPHER ORMEROD was an officer of the City of Tallahassee Police Department, acting within the course and scope of his employment and under color of law. He is sued individually. 10.
 
 At all times material hereto, Defendant MATTHEW SMIDT was an officer of the City of Tallahassee Police Department, acting within the course and scope of his employment and under color of law. He is sued individually. 11.
 
 At all times material hereto, Defendant GEORGE CREAMER was an officer of the City of Tallahassee Police Department, acting within the course and scope of
Case 4:14-cv-00153-WS-CAS Document 1 Filed 03/19/14 Page 3 of 17

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